Possession With Intent Vs. Possession For Personal Use: The Defining Factors

Possessing an illegal drug with intent to distribute (sell) is a more serious charge than possessing the same drug for personal use. This is why it's such a big deal to make the distinction if you are charged with drug possession. Here are five factors that prosecutors use to determine which charges to file:

Quantity of the Drug

The amount or quantity of drugs in your possession may point to your intended use for them. Those who sell drugs usually carry them in larger quantities than users. The exact amounts may be up to the authorities to determine; it also depends on the type of drug. For example, expensive drugs are usually sold in smaller counterparts than their relatively cheaper counterparts.

Presence of Large Amounts of Cash

Since drug dealers typically deal in cash, the presence of a large amount of cash, in addition to the drugs, may also mean that you wanted to distribute them. The reasoning here is that the cash you have may be sales proceeds from the already sold drugs. Therefore, if you are arrested with an illegal drug plus some wads of notes, then the state may believe that you are selling the drug and the cash is proceeds of prior sales.

Interactions with Other People

Your interactions with other people may also lead the officers to suspect that you are a drug dealer. For example, if people are constantly streaming in and out of your home, then it may mean that they are buying from you. Other suspicious interactions with other people include meeting in secluded spots or distributing objects to others at a street corner.

Related Objects

Other objects in your possession may give a clue as to how you intended to use the drugs. For example, if you have a syringe and an injectable drug, then it may be reasonable to assume that you wanted to inject it into your body. However, if you are arrested with a drug plus the paraphernalia used for weighing it, then the government may believe that you wanted to distribute the drug.

Packaging

This is one of the most important elements used to determine whether a drug is for personal use or sale. For example, if you are stopped with several sachets of crack (cocaine), then it may be assumed that you are distributing them. A small amount of marijuana in a tin is more likely for personal use. Of course, it all depends on the modes of distribution common in your city or area.

These are the factors the government may use to interpret your drug possession to determine the charges to file. You need a criminal defense lawyer, such as Robert A Murray to defend your rights and ensure that the interpretation is properly conducted. For example, if you have been arrested with any paraphernalia, then it will be important to determine whether they are for personal or distribution purposes.